(1)  The department hereby declares Japanese beetle, ( Popillia japonica )  family Scarabaeidae , a quarantine pest and establishes a quarantine to prevent movement from infested to non-infested areas or sale of regulated articles except as allowed by this rule.

(2)  Areas subject to quarantine requirements are as follows:

(a)  all states in the United States that are infested or found to be infested in the future are subject to the quarantine requirements of this rule.   A list of infested and

non-infested areas can be found in the most current version of the U.S. Domestic Japanese Beetle Harmonization Plan.   Upon receipt of new information, the department will update the area subject to quarantine requirements and make it available; and

(b)  any county in Montana found to be infested with Japanese beetle is quarantined and movement of regulated articles from an infested county to a non-infested county is subject to phytosanitary measures required by this rule.

(3)  The following regulated articles are hereby declared to be hosts and possible carriers of the Japanese beetle:

(a)  soil, humus, compost, and manure;

(b)  all plants with roots;

(c)  grass sod;

(d)  plant crowns or roots for propagation (except when free from soil)  ;

(e)  bulbs, corms, tubers, and rhizomes of ornamental plants (except when free from soil)  ; and

(f)  any other plant, plant part, regulated article, or means of conveyance when it is determined by the department agent to present a hazard of spreading live Japanese beetle due to infestation or exposure to infestation by Japanese beetle.

(4)  The Montana department of agriculture adopts and incorporates by reference the certification and phytosanitary standards, and treatments and survey protocols of the National Plant Board U.S. Domestic Japanese Beetle Harmonization Plan, April 22, 1999, for shipment of regulated articles to a category 1 state.   These standards may be found on pages 6 through 10 of the Harmonization Plan.

(5)  Regulated articles originating from areas subject to quarantine requirements must meet standards for shipment to a category 1 state in order to enter Montana commerce.   Designated categorized states can be found in the U.S. Domestic Japanese Beetle Harmonization Plan.   Regulated articles must be accompanied by a state phytosanitary certificate or equivalent certification of quarantine compliance.   Non-complying articles will be subject to penalties and remedies under Title 80, chapter 7, part 4, MCA.